topic Re: Jefferson Capital Response to Debt Validation..... HELP in Rebuilding Your Credit

Jefferson Capital Response to Debt Validation..... HELP

Rmorton07 — Tue, 22 Aug 2023 19:05:13 GMT

Hello,

I sent a DV letter to Jefferson Capital (also disputed with Credit a bureau month before and was “validated”) and got the below in the mail last Monday. It is removed already from all thre CB reports but what I’m concerned about is where it notes “cease collection activity until verification of the debt is provided to you”. Has anyone else gotten something like this and they just never did anything more with it or is this a stall tactic or them getting ready to sell to another debt collector? Looking for advice as I’ve researched and seen others get a letter similar but doesn’t say the part about ceasing until verification provided. Thx

Also debt’s original creditor is still on my report as chargeoff and last date of activity was 9/2019

Dear XXXXXXX,

We acknowledge receipt of your communication concerning the above referenced account.

Based on your stated dispute we will cease collection activity until verification of the debt is provided to you. In addition, we have requested that the consumer reporting agencies delete this account from your credit file.

Should you have any questions regarding this matter please feel free to contact us at the number listed above.

Sincerely,

Jefferson Capital Systems, LLC

Re: Jefferson Capital Response to Debt Validation..... HELP

Brian_Earl_Spilner — Tue, 22 Aug 2023 19:38:42 GMT

You're disputing the validity of the debt so they're going to stop collection actions for up to 30 days. They'll resume collection efforts once they've sent proof or the 30 days is up, whichever comes first. Them not sending anything is not proof it's illegitimate. They're not even required to respond to your request.

Re: Jefferson Capital Response to Debt Validation..... HELP

Sph19 — Tue, 07 May 2024 16:24:54 GMT

Hello,

The fdcpa requirements are they issue the response you received within 5 days or it's a violation subject to statutory fines.

Re: Jefferson Capital Response to Debt Validation..... HELP

vntrsc — Tue, 07 May 2024 20:54:45 GMT

@Rmorton07 wrote:
Hello,

I sent a DV letter to Jefferson Capital (also disputed with Credit a bureau month before and was “validated”) and got the below in the mail last Monday. It is removed already from all thre CB reports but what I’m concerned about is where it notes “cease collection activity until verification of the debt is provided to you”. Has anyone else gotten something like this and they just never did anything more with it or is this a stall tactic or them getting ready to sell to another debt collector? Looking for advice as I’ve researched and seen others get a letter similar but doesn’t say the part about ceasing until verification provided. Thx

Also debt’s original creditor is still on my report as chargeoff and last date of activity was 9/2019
Dear XXXXXXX,
We acknowledge receipt of your communication concerning the above referenced account.

Based on your stated dispute we will cease collection activity until verification of the debt is provided to you. In addition, we have requested that the consumer reporting agencies delete this account from your credit file.

Should you have any questions regarding this matter please feel free to contact us at the number listed above.

Sincerely,
Jefferson Capital Systems, LLC

Did you send your DV request because you found the collection on your credit report? If so, Jefferson was not required to respond to you or cease collection efforts.

The FDCPA specifies in 15 U.S. Code 1692g(a) that a consumer's right to validation is triggered after receiving an initial communication from a debt collector. The courts that have ruled on the issue have ruled that credit reporting is not an initial communication that triggers validation rights.

However, if you sent your request within 30 days after receiving an initial communication such as a dunning letter that contained the 30-day notice, the response Jefferson sent you was appropriate. They will cease collection efforts until they send verification to you. In fact, if they choose to cease collection efforts all together and never send another collection demand, they don't have to send verification at all.

Re: Jefferson Capital Response to Debt Validation..... HELP

vntrsc — Tue, 07 May 2024 21:08:30 GMT

@Sph19 wrote:
Hello,
The fdcpa requirements are they issue the response you received within 5 days or it's a violation subject to statutory fines.

That is incorrect. The 5-day requirement is based upon an initial communication. Within 5 days of contacting a consumer, a debt collector must send a consumer a letter containing the name of company to which the debt is owed, the name of the original creditor (if different from the current creditor), the 30-day notice to request validation, etc. See 15 U.S. Code 1692g(a). But if all of that information is included in the initial communication, the debt collector does not have to send it again.

1692g(b) states that upon receipt of a timely demand for validation, collection efforts must cease until the verification is sent to the consumer. The FDCPA does not have a time limit for a collection agency to send verification in response to a DV request. It can take as long as it chooses to verify but cannot continue collection efforts until it does so.

The OP has not yet indicated that he send a validation request in response to a collection attempt containing the information in 1692g(a).